30 Tex. Admin. Code § 106.491 - Dual-Chamber Incinerators
(a) Applicability.
This section authorizes dual-chamber incinerators that burn only waste
generated on site, or illegal drugs confiscated by federal, state, or local law
enforcement agencies. Incinerators used in the processing or recovery of
materials or to dispose of pathological waste as defined in §
106.494 of this title (relating to
Pathological Waste Incinerators), hospital waste, infectious waste, hazardous
waste, or radioactive waste are not authorized by this section.
(b) Design requirements. The incinerator must
meet the following design requirements.
(1)
The incinerator must be equipped with an afterburner automatically controlled
to operate with a minimum temperature of 1,400 degrees Fahrenheit, equipped
with a continuous exhaust temperature monitor, and designed and operated with a
minimum gas retention time of 0.5 seconds.
(2) The manufacturer's rated capacity (burn
rate) must be 500 pounds per hour or less. Each claim under this section must
address the model of incinerator and specify the types and amounts of waste to
be destroyed for determination of a specific unit's appropriate
capacity.
(3) Stacks must comply
with the following:
(A) height at least 15
feet from the ground;
(B) height at
least six feet above the peak of the highest structure within 150
feet;
(C) located at least 200 feet
from nearest property line; and
(D)
have unobstructed vertical discharge when the incinerator is operated. Properly
installed and maintained spark arresters are not considered
obstructions.
(c) Operational limits. The incinerator must
meet the following operational conditions.
(1)
This facility must be used solely for the disposal of waste materials generated
on site and only one of the following:
(A)
paper, wood, cardboard cartons, rags, garbage (animal and vegetable wastes as
defined in Chapter 101 of this title (relating to General Air Quality Rules)),
and combustible floor sweepings; containing overall not more than 10% treated
papers, plastic, or rubber scraps. Plastics containing polyvinyl chloride or
polyvinyl fluoride are prohibited. Neither garbage content nor moisture content
may exceed 50% and noncombustible solids may not exceed 10% of total weight;
or
(B) drugs confiscated by law
enforcement, limited to marijuana, cocaine, opiates, and
methamphetamines.
(2)
The incinerator must be operated with the following limits:
(A) cocaine, opiates, and methamphetamines
are limited to a burn rate of no more than four pounds per hour (lb/hr) and ten
pounds in any eight-hour period. Emissions must not exceed 0.04 lb/hr for each
of these compounds; and
(B)
marijuana is limited to a burn rate of no more than 500 lb/hr. Emissions must
not exceed 1.0 lb/hr total inhalable particulate matter
(PM10).
(3) Fuel for the incinerator must be limited
to sweet natural gas, liquid petroleum gas, Number 2 fuel oil with less than
0.5% sulfur by weight, or electric power. Products of fuel combustion (sulfur
dioxide, nitrogen oxides, and carbon monoxide) and volatile organic compounds
are authorized, if the facility is operated in compliance with this
section.
(4) The manufacturer's
recommended operating instructions must be posted at the incinerator, and the
unit must be operated in accordance with these instructions. The incinerator
must be operated in accordance with the manufacturer's specifications and
maintained in good working order.
(5) Visible emissions must not exceed an
opacity of 5.0% averaged over any six-minute period as determined by the United
States Environmental Protection Agency Test Method 9.
(d) Compliance and administrative
requirements.
(1) Registration. Before
construction begins, the facility must be registered with the commission's
Office of Permitting, Remediation, and Registration using Form PI-7,
Registration for Permits by Rule.
(2) Waste regulations. Compliance with this
section serves as a commission authorization under § 330.51 of this title
(relating to Permit Application for Municipal Solid Waste
Facilities).
(3) State and federal
air compliance demonstrations.
(A) Emission
limits. Within 180 days of operation, all facilities processing confiscated
drugs must provide sampling to demonstrate compliance with the emission limits
of this section. Similar facility sampling may be used if the owner or operator
provides documentation, including model number, burn rate, materials burned,
and all relevant operating conditions, that demonstrates the previously-sampled
incinerator is equivalent to the facility to be authorized under this
section.
(B) Federal requirements.
Registrations must address the applicability of 40 Code of Federal Regulations
(CFR) Part 60, Standards of Performance for New Stationary Sources (NSPS),
Subpart CCCC, Standards of Performance for Commercial and Industrial Solid
Waste Incineration Units, for Which Construction Is Commenced After November
30, 1999 or for Which Modification or Reconstruction Is Commenced on or After
June 1, 2001 (as published in the December 1, 2000 issue of the Federal
Register); or 40 CFR Part 60, Subpart DDDD, Emission Guidelines and
Compliance Times for Commercial and Industrial Solid Waste Incineration Units,
that Commenced Construction On or Before November 30, 1999 (as published in the
December 1, 2000 issue of the Federal Register). If determined
to be applicable, commercial and industrial solid waste incinerators must
demonstrate compliance with these federal regulations, including initial stack
sampling, opacity readings, reporting, and recordkeeping.
(C) State air regulations. Upon the request
of the executive director, a designated representative of the commission, or a
local air pollution control agency having jurisdiction over the site,
compliance with §
111.121 and §
111.125 of this title (relating to
Single-, Dual-, and Multiple-Chamber Incinerators; and Testing Requirements)
must be demonstrated.
(4) Monitoring. Incinerator operators/owners
shall install, calibrate, maintain, and operate a monitoring device that
continuously measures and records the temperature of the exhaust gas of the
incinerator, in addition to any monitoring required by an appropriate NSPS
subpart.
(5) Recordkeeping. Records
must be kept of the type and amount of waste charged/burned; type and amount of
fuel usage, including sulfur content for fuel oil; monitoring and testing
results; hours of operation; and routine maintenance of abatement systems
sufficient to demonstrate each of the requirements listed previously are met.
Such records must be retained for a minimum rolling two-year period and comply
with §
106.8 of this title (relating to
Recordkeeping).
Notes
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